Ramlotan vs Raghuveer Kachi
2022 Latest Caselaw 2915 MP

                                                                       1
                                     IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                    BEFORE
                                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                              ON THE 2nd OF MARCH, 2022

                                                        SECOND APPEAL No. 1172 of 2018

                                            Between:-
                                            RAMLOTAN S/O SHRI NARMADA PRASAD
                                            BRAHMIN , AGED ABOUT 50 YEARS, OCCUPATION:
                                            AGRICULTURIST,   R/O.    PEPKHAR    THANA
                                            MAUGANJ, TEH. HANUMNA, DISTT. REWA
                                            (MADHYA PRADESH)

                                                                                                      .....APPELLANT
                                            (BY SHRI C.P. DWIVEDI, ADVOCATE)

                                            AND

                                            RAGHUVEER KACHI S/O SAHDEO KACHI, AGED
                                            ABOUT   76  YEARS, R/O. PEPKHAR THANA
                                            MAUGANJ, TEH. HANUMNA, DISTT REWA
                                            (MADHYA PRADESH)

                                                                                                   .....RESPONDENTS


                                       T h is appeal coming on for admission this day, the court passed the
                                 following:
                                                                        ORDER

The present Second Appeal under Section 100 of Civil Procedure Code

has been filed against the judgment and decree dated 23.02.2018 passed by Ist Additional District Judge Mauganj, District Rewa in Civil Appeal No.09-A/2016, whereby learned Additional District Judge remanded back the matter to the trial Court for deciding the Civil Suit on merits afresh.

2. As per Order 43 Rule 1(U) Code of Civil Procedure the impugned judgment of remand can be challenged by way of filing the Misc. Appeal, therefore Second Appeal is not maintainable.

3. At this stage learned counsel for the appellant prays for and is granted liberty to file Misc. Appeal against the impugned judgment within fifteen days from the date of returning the certified copy of the impugned judgment and decree to the counsel for the appellant.

Signature Not Verified SAN 4. Office is directed to return the certified copy of the impugned judgment Digitally signed by SWETA SAHU Date: 2022.03.03 15:09:56 IST and decree dated 23.02.2018 to the counsel for the appellant after retaining its

photocopy on record.

5. Record of the courts below be sent back for further proceedings pending before the trial Court in pursuance to the impugned judgment and decree of remand.

6. This appeal is disposed of accordingly.

(DWARKA DHISH BANSAL) JUDGE ss

Signature Not Verified SAN

Digitally signed by SWETA SAHU Date: 2022.03.03 15:09:56 IST